82 FR 60567 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2017-18 Biennial Specifications and Management Measures; Amendment 27; Correction
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 244 (December 21, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 244 (December 21, 2017)
| Page Range | 60567-60570 | |
| FR Document | 2017-27450 |
[Federal Register Volume 82, Number 244 (Thursday, December 21, 2017)] [Rules and Regulations] [Pages 60567-60570] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27450] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 160808696-799-03] RIN 0648-BG17 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2017-18 Biennial Specifications and Management Measures; Amendment 27; Correction AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; correcting amendment. ----------------------------------------------------------------------- SUMMARY: This action corrects the 2017-18 harvest specifications and management measures final rule that published on February 7, 2017. That rule established 2017-18 harvest specifications and management measures for groundfish taken in the U.S. exclusive economic zone off the coasts of Washington, Oregon, and California, consistent with the Magnuson- Stevens Fishery Conservation and Management Act (MSA) and the Pacific Coast Groundfish Fishery Management Plan (PCGFMP), including harvest specifications consistent with default harvest control rules in the PCGFMP. That action also included regulations to implement Amendment 27 to the PCGFMP, which added deacon rockfish to the PCGFMP, reclassified big skate as an actively managed stock, added a new inseason management process for commercial and recreational groundfish fisheries in waters off California, and made several clarifications to existing regulations. This action fixes errors in 2017-18 harvest specifications and management measures final rule by correcting the definition of ecosystem component species to remove big skates, making three corrections related to the recreational groundfish retention [[Page 60568]] regulations in effect in waters off California, making a correction to the groundfish retention regulations in the limited entry fixed gear and in the open access fisheries, and correcting the unit of weight used to set the sablefish cumulative limit for Tier 2 of the limited entry fixed gear sablefish fishery. DATES: Effective December 21, 2017. ADDRESSES: Information relevant to the February 7, 2017, final rule (82 FR 9634) and Amendment 27, which includes an Environmental Assessment (EA), the Finding of No Significant Impact (FONSI), a regulatory impact review (RIR), final regulatory flexibility analysis (FRFA), and amended PCGFMP, are available from Barry A. Thom, Regional Administrator, West Coast Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070. Electronic copies of this final rule are also available at the NMFS West Coast Region website: http://www.westcoast.fisheries.noaa.gov. FOR FURTHER INFORMATION CONTACT: Keeley Kent, 206-526-4655, fax: 206- 526-6736, or email: [email protected]. SUPPLEMENTARY INFORMATION: Background The February 7, 2017, final rule (82 FR 9634) set groundfish harvest specifications for 2017-18 (overfishing limits, acceptable biological catches, and annual catch limits (ACLs)) and established management measures designed to keep catch within the ACLs. As part of that final rule, consistent with the Council's recommendations and described in the preamble to that rule, NMFS implemented Amendment 27 to the PCGFMP. This action makes corrections to the implementing regulations for two components of Amendment 27: (1) Reclassification of big skate from an ecosystem component species to ``in the fishery'' and (2) the update of several sections of the PCGFMP to reflect that canary rockfish and petrale sole were declared rebuilt. This action makes corrections in certain provisions of the recreational groundfish retention regulations in effect in waters off California and the groundfish retention regulations in the limited entry fixed gear and open access fisheries, as amended in the February 7, 2017, final rule to reflect the rebuilt status of canary rockfish and petrale sole. In addition, this action makes two minor, technical corrections to the regulations implementing the 2017-18 harvest specifications by correcting the unit of weight used to set the sablefish cumulative limit for Tier 2 of the limited entry fixed gear sablefish fishery, and by correcting a typographical error in the season dates for the Mendocino Management Area recreational fisheries. Need for Correction Reclassification of Big Skate The February 7, 2017, final rule made several changes necessary to reclassify big skate from an ecosystem component species to ``in the fishery,'' however, one necessary change was mistakenly omitted. In 50 CFR 660.11, the definition of ``groundfish'' includes a separate listing of the species included in the ecosystem component. Big skate was mistakenly not removed from that ecosystem component definition. Big skate was correctly listed in the definition under the skates category within the definition of ``groundfish,'' at 50 CFR 660.11, Groundfish (2) Skates. This rule will remove big skate from the ecosystem component category under the definition of ``groundfish,'' at 50 CFR 660.11, Groundfish (10) Ecosystem component species. California Recreational Fishery Management Measures NMFS is making three corrections to groundfish recreational fishery regulations in effect off of California. As noted above, one of the components of Amendment 27 was to amend the PCGFMP to reflect that canary rockfish and petrale sole were declared rebuilt. As a result of the rebuilt status of the canary rockfish and petrale sole fisheries, the State of California relaxed some of its restrictions on retention in the recreational fisheries. As noted in the proposed rule and the February 7, 2017, final rule, NMFS intended the federal regulations to be consistent with the changes in the California state restrictions. However, while the February 7, 2017, final rule correctly updated the federal regulations to remove the prohibition on retention of canary rockfish for the Washington state recreational fisheries, the final rule mistakenly did not remove the prohibition on retention of canary rockfish for recreational fisheries off of California and the Cowcod Conservation Area (50 CFR 660.360(c)(3)(i)(B)). This inadvertent omission is inconsistent with the Council's intent in making its recommendation for the 2017-18 harvest specifications and management measures. Therefore, this correcting action will update Sec. 660.360(c)(3)(i)(B) to reflect the rebuilt status of canary rockfish. Additionally, in the preamble to the proposed rule (81 FR 75266, 75282; Oct. 28, 2016), NMFS noted that the rule would remove petrale sole and starry flounder from the California recreational season and depth restrictions, which are management measures to reduce regulatory discards. This change allows anglers to retain petrale sole and starry flounder year round without depth constraint. The February 7, 2017, final rule correctly revised Sec. 660.360(c)(3) to note the exception for petrale sole and starry flounder. However, paragraphs (c)(3)(i)(B), (c)(3)(i)(C), and (c)(3)(iv) of Sec. 660.360 were not similarly revised. Consistent with the revisions already made to paragraph (c)(3), this correcting action revises paragraphs, (c)(3)(i)(B), (c)(3)(i)(C), and (c)(3)(iv) of Sec. 660.360 to exempt petrale sole and starry flounder from the season and depth restrictions for recreational fisheries off of California. Finally, NMFS is correcting the season dates for the Mendocino Management Area under Sec. 660.360(c)(3)(ii)(A)(2). The final rule incorrectly stated that the season is open ``May 1 through October December 31,'' but correctly stated that the season is closed January 1 through April 30. This rule will correct the mistake by deleting the extra word ``October'' so that the correct open season is reflected in the language, ``May 1 through December 31.'' Fixed Gear Limited Entry and Open Access Fishery Management Measures As a result of canary rockfish being rebuilt, NMFS relaxed some of the restrictions on retention in the limited entry fixed gear and open access fisheries. However, the February 7, 2017, final rule, as it pertained to the groundfish limited entry fixed gear fishery ((50 CFR 660.230(a)) and to the open access fishery (50 CFR 660.330(a)), mistakenly did not update the federal regulations to remove the prohibition on retention of canary rockfish, even though NMFS set trip limits for canary rockfish in the limited entry fixed gear fishery in Table 2 to Part 660, Subpart E, and in the open access fishery in Table 3 to Part 660, Subpart F. This was inconsistent with the Council's intent in its recommendation of the 2017-18 harvest specifications and management measures. This rule will update both Sec. 660.230(a) and Sec. 660.330(a) to reflect the rebuilt status of canary rockfish. Limited Entry Fixed Gear Sablefish Cumulative Limit The February 7, 2017, final rule included the cumulative limits for each of the three tiers of the limited entry [[Page 60569]] fixed gear sablefish primary fishery for both 2017 and 2018. Inadvertently, the cumulative limit for Tier 2 in 2017 was expressed in metric tons instead of in pounds. The final rule read ``20,509 mt'' (9,303 kg) instead of ``20,509 lbs'', which is the true equivalent of 9,303 kg. This rule corrects this error by stating that the Tier 2 cumulative limit for 2017 is ``20,509 lbs (9,303 kg)'' in 50 CFR 660.231(b)(3)(i). Classification The Assistant Administrator (AA) for Fisheries, NOAA, finds that pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment are unnecessary and would be contrary to the public interest. This correcting action is consistent with harvest specification and management measures recommended by the Council and described in the preambles to the proposed rule (81 FR 75266; Oct. 28, 2016) and final rule (81 FR 9634; Feb. 7, 2017) implementing Amendment 27 to the PCGFMP. Because the corrections included in this rule are consistent with actions on which NMFS has already requested and considered public comments, further notice and opportunity for public comment on this action is unnecessary. It would be contrary to the public interest to delay implementation of the minor corrections in this rule, because this correcting action will reduce confusion caused by unintentional technical errors, some of which also appear to create inconsistency between state and federal regulations. For the reasons above, the AA also finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness and makes this rule effective immediately upon publication. This rule is exempt from the procedures of the Regulatory Flexibility Act (RFA) because the rule is issued without opportunity for prior notice and opportunity for public comment. Therefore, RFA analysis is not required and none has been prepared. List of Subjects in 50 CFR Part 660 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: December 15, 2017. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 660 is corrected by making the following correcting amendments: PART 660--FISHERIES OFF WEST COAST STATES 0 1. The authority citation for 50 CFR part 660 continues to read as follows: Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. 0 2. In Sec. 660.11, revise paragraph (10) of the definition for ``Groundfish'' to read as follows: Sec. 660.11 General definitions. * * * * * Groundfish * * * * * * * * (10) ``Ecosystem component species'' means species that are included in the PCGFMP but are not ``in the fishery'' and therefore not actively managed and do not require harvest specifications. Ecosystem component species are not targeted in any fishery, not generally retained for sale or personal use, and are not determined to be subject to overfishing, approaching an overfished condition, or overfished, nor are they likely to become subject to overfishing or overfished in the absence of conservation and management measures. Ecosystem component species include: All skates listed here in paragraph (2), except longnose skate and big skate; all grenadiers listed here in paragraph (5); soupfin shark; ratfish; and finescale codling. * * * * * 0 3. In Sec. 660.230, revise paragraph (a) to read as follows: Sec. 660.230 Fixed gear fishery--management measures. (a) General. Most species taken in limited entry fixed gear (longline and pot/trap) fisheries will be managed with cumulative trip limits (see trip limits in Tables 2 (North) and 2 (South) of this subpart), size limits (see Sec. 660.60(h)(5)), seasons (see trip limits in Tables 2 (North) and 2 (South) of this subpart and sablefish primary season details in Sec. 660.231), gear restrictions (see paragraph (b) of this section), and closed areas (see paragraph (d) of this section and Sec. Sec. 660.70 through 660.79). Cowcod retention is prohibited in all fisheries, and groundfish vessels operating south of Point Conception must adhere to CCA restrictions (see paragraph (d)(10) of this section and Sec. 660.70). Yelloweye rockfish retention is prohibited in the limited entry fixed gear fisheries. Regulations governing and tier limits for the limited entry, fixed gear sablefish primary season north of 36[deg] N lat. are found in Sec. 660.231. Vessels not participating in the sablefish primary season are subject to daily or weekly sablefish limits in addition to cumulative limits for each cumulative limit period. Only one sablefish landing per week may be made in excess of the daily trip limit and, if the vessel chooses to make a landing in excess of that daily trip limit, then that is the only sablefish landing permitted for that week. The trip limit for black rockfish caught with hook-and-line gear also applies, see Sec. 660.230(e). The trip limits in Table 2 (North) and Table 2 (South) of this subpart apply to vessels participating in the limited entry groundfish fixed gear fishery and may not be exceeded. Federal commercial groundfish regulations are not intended to supersede any more restrictive state commercial groundfish regulations relating to federally-managed groundfish. * * * * * 0 4. In Sec. 660.231, revise paragraph (b)(3)(i) to read as follows: Sec. 660.231 Limited entry fixed gear sablefish primary fishery. * * * * * (b) * * * (3) * * * (i) A vessel participating in the primary season will be constrained by the sablefish cumulative limit associated with each of the permits registered for use with that vessel. During the primary season, each vessel authorized to fish in that season under paragraph (a) of this section may take, retain, possess, and land sablefish, up to the cumulative limits for each of the permits registered for use with that vessel (i.e., stacked permits). If multiple limited entry permits with sablefish endorsements are registered for use with a single vessel, that vessel may land up to the total of all cumulative limits announced in this paragraph for the tiers for those permits, except as limited by paragraph (b)(3)(ii) of this section. Up to 3 permits may be registered for use with a single vessel during the primary season; thus, a single vessel may not take and retain, possess or land more than 3 primary season sablefish cumulative limits in any one year. A vessel registered for use with multiple limited entry permits is subject to per vessel limits for species other than sablefish, and to per vessel limits when participating in the daily trip limit fishery for sablefish under Sec. 660.232. In 2017, the following annual limits are in effect: Tier 1 at 45,120 lb (20,466 kg), Tier 2 at 20,509 lb (9,303 kg), and Tier 3 at 11,720 lb (5,316 kg). In 2018 and beyond, the following annual limits are in effect: Tier 1 at 47,050 lb (21,342 kg), [[Page 60570]] Tier 2 21,386 lb (9,701 kg), and Tier 3 12,221 lb (5,543 kg). * * * * * 0 5. In Sec. 660.330, revise paragraph (a) to read as follows: Sec. 660.330 Open access fishery--management measures. (a) General. Groundfish species taken in open access fisheries will be managed with cumulative trip limits (see trip limits in Tables 3 (North) and 3 (South) of this subpart), size limits (see Sec. 660.60(h)(5)), seasons (see seasons in Tables 3 (North) and 3 (South) of this subpart), gear restrictions (see paragraph (b) of this section), and closed areas (see paragraph (d) of this section and Sec. Sec. 660.70 through 660.79). Unless otherwise specified, a vessel operating in the open access fishery is subject to, and must not exceed any trip limit, frequency limit, and/or size limit for the open access fishery. Cowcod retention is prohibited in all fisheries and groundfish vessels operating south of Point Conception must adhere to CCA restrictions (see paragraph (d)(11) of this section and Sec. 660.70). Retention of yelloweye rockfish is prohibited in all open access fisheries. For information on the open access daily/weekly trip limit fishery for sablefish, see Sec. 660.332 of this subpart and the trip limits in Tables 3 (North) and 3 (South) of this subpart. Open access vessels are subject to daily or weekly sablefish limits in addition to cumulative limits for each cumulative limit period. Only one sablefish landing per week may be made in excess of the daily trip limit and, if the vessel chooses to make a landing in excess of that daily trip limit, then that is the only sablefish landing permitted for that week. The trip limit for black rockfish caught with hook-and-line gear also applies, see paragraph (e) of this section. Open access vessels that fish with non-groundfish trawl gear or in the salmon troll fishery north of 40[deg]10' N lat. are subject the cumulative limits and closed areas (except the pink shrimp fishery which is not subject to RCA restrictions) listed in Tables 3 (North) and 3 (South) of this subpart. Federal commercial groundfish regulations are not intended to supersede any more restrictive state commercial groundfish regulations relating to federally managed groundfish. 0 6. In Sec. 660.360, revise paragraphs (c)(3)(i)(B) and (C), (c)(3)(ii)(A)(2), and (c)(3)(iv) to read as follows: Sec. 660.360 Recreational fishery--management measures. (c) * * * (3) * * * (i) * * * (B) Cowcod conservation areas. The latitude and longitude coordinates of the Cowcod Conservation Areas (CCAs) boundaries are specified at Sec. 660.70. In general, recreational fishing for all groundfish is prohibited within the CCAs, except that fishing for petrale sole, starry flounder, and ``other flatfish'' is permitted within the CCAs as specified in paragraph (c)(3)(iv) of this section. However, recreational fishing for the following species is permitted shoreward of the 20 fm (37 m) depth contour when the season for those species is open south of 34[deg]27' N lat.: Minor nearshore rockfish, cabezon, kelp greenling, lingcod, California scorpionfish, shelf rockfish, petrale sole, starry flounder, and ``other flatfish'' (subject to gear requirements at paragraph (c)(3)(iv) of this section during January-February). Retention of yelloweye rockfish, bronzespotted rockfish and cowcod is prohibited within the CCA. [Note: California state regulations also permit recreational fishing for California sheephead, ocean whitefish, and all greenlings of the genus Hexagrammos shoreward of the 20 fm (37 m) depth contour in the CCAs when the season for the RCG complex is open south of 34[deg]27' N lat.] It is unlawful to take and retain, possess, or land groundfish within the CCAs, except for species authorized in this section. (C) Cordell Banks. Recreational fishing for groundfish is prohibited in waters less than 100 fm (183 m) around Cordell Banks as defined by specific latitude and longitude coordinates at Sec. 660.70, subpart C, except that recreational fishing for petrale sole, starry flounder, and ``other flatfish'' is permitted around Cordell Banks as specified in paragraph (c)(3)(iv) of this section. [Note: California state regulations also prohibit fishing for all greenlings of the genus Hexagrammos, California sheephead and ocean whitefish.] * * * * * (ii) * * * (A) * * * (2) Between 40[deg]10' N lat. and 38[deg]57.50' N lat. (Mendocino Management Area), recreational fishing for the RCG Complex is open from May 1 through December 31 (i.e., it's closed from January 1 through April 30). * * * * * (iv) ``Other flatfish,'' petrale sole, and starry flounder. Coastwide off California, recreational fishing for ``other flatfish,'' petrale sole, and starry flounder, is permitted both shoreward of and within the closed areas described in paragraph (c)(3)(i) of this section. ``Other flatfish'' are defined at Sec. 660.11, subpart C, and include butter sole, curlfin sole, flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole. Recreational fishing for ``other flatfish,'' petrale sole, and starry flounder, is permitted within the closed areas. ``Other flatfish,'' except for Pacific sanddab, petrale sole, and starry flounder, are subject to the overall 20-fish bag limit for all species of finfish, of which there may be no more than 10 fish of any one species. There is no season restriction or size limit for ``other flatfish,'' petrale sole, and starry flounder however, it is prohibited to filet ``other flatfish,'' petrale sole, and starry flounder, at sea. * * * * * [FR Doc. 2017-27450 Filed 12-20-17; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Rules and Regulations 60567
regulations so they are consistent with not received by the RA within 1 year of ■ 4. In § 622.73, add paragraph (c) to
published coordinates in Federal the expiration date of the permit. read as follows:
navigation references and current (iii) When NMFS has determined that
positioning systems, and correct the the number of commercial vessel § 622.73 Prohibited species.
regulations to clarify that harvest and moratorium permits for Gulf shrimp has * * * * *
possession of wild live rock in or from reached the threshold number of (c) Wild live rock may not be
the Gulf EEZ is prohibited. permits as described in the FMP, then harvested or possessed in or from the
The Chief Counsel for Regulation of a commercial vessel moratorium permit Gulf EEZ.
the Department of Commerce certified for Gulf shrimp that is not renewed will [FR Doc. 2017–27449 Filed 12–20–17; 8:45 am]
to the Chief Counsel for Advocacy of the be converted to a Gulf shrimp reserve BILLING CODE 3510–22–P
Small Business Administration (SBA) pool permit and held by NMFS for
during the proposed rule stage that this possible reissuance. Gulf shrimp reserve
rule, if adopted, would not have a pool permits will not be issued until DEPARTMENT OF COMMERCE
significant economic impact on a eligibility requirements are developed
substantial number of small entities. and implemented through subsequent National Oceanic and Atmospheric
NMFS did not receive any comments rulemaking. Administration
from SBA’s Office of Advocacy or the * * * * *
public regarding the economic analysis (e) Gulf shrimp transit provision. A 50 CFR Part 660
of Amendment 17B or the certification vessel that does not have a valid Gulf [Docket No. 160808696–799–03]
in the proposed rule. No changes to this shrimp moratorium permit, as described
rule were made in response to public in paragraphs (a) and (b) of this section, RIN 0648–BG17
comments. The factual basis for the may possess Gulf shrimp when in
certification was published in the transit in the Gulf EEZ provided that the Magnuson-Stevens Act Provisions;
proposed rule and is not repeated here. shrimp fishing gear is appropriately Fisheries Off West Coast States;
Because this final rule is not expected stowed. For the purposes of this Pacific Coast Groundfish Fishery;
to have a significant economic impact paragraph, transit means non-stop 2017–18 Biennial Specifications and
on a substantial number of small progression through the Gulf EEZ. Management Measures; Amendment
entities, a final regulatory flexibility Fishing gear appropriately stowed 27; Correction
analysis is not required and none has means trawl doors and nets must be out AGENCY: National Marine Fisheries
been prepared. of the water and the bag straps must be Service (NMFS), National Oceanic and
removed from the net. Atmospheric Administration (NOAA),
List of Subjects in 50 CFR Part 622
■ 3. Amend § 622.55 by: Commerce.
Commercial, Fisheries, Fishing, Gulf, ■ a. Designating the table in paragraph ACTION: Final rule; correcting
Permits, Shrimp. (b) as Table 1 to paragraph (b); amendment.
Dated: December 15, 2017. ■ b. Revising paragraph (c)(1);
■ c. Designating the table after SUMMARY: This action corrects the 2017–
Samuel D. Rauch III,
paragraph (d)(2) as Table 1 to paragraph 18 harvest specifications and
Deputy Assistant Administrator for
Regulatory Programs, National Marine
(d), the table after paragraph (d)(3) as management measures final rule that
Fisheries Service. Table 2 to paragraph (d), and the table published on February 7, 2017. That
after paragraph (d)(4) as Table 3 to rule established 2017–18 harvest
For the reasons set out in the paragraph (d); and specifications and management
preamble, 50 CFR part 622 is amended ■ d. In paragraph (e) designating the measures for groundfish taken in the
as follows: table as Table 1 to paragraph (e). U.S. exclusive economic zone off the
The revision reads as follows: coasts of Washington, Oregon, and
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH § 622.55 Closed area. California, consistent with the
ATLANTIC Magnuson-Stevens Fishery
* * * * * Conservation and Management Act
(c) * * *
■ 1. The authority citation for part 622 (MSA) and the Pacific Coast Groundfish
(1) The Tortugas shrimp sanctuary is
continues to read as follows: Fishery Management Plan (PCGFMP),
closed to trawling. The Tortugas shrimp
including harvest specifications
Authority: 16 U.S.C. 1801 et seq. sanctuary is that part of the EEZ off
consistent with default harvest control
Florida shoreward of rhumb lines
■ 2. In § 622.50, revise paragraph rules in the PCGFMP. That action also
connecting, in order, the following
(b)(3)(ii) and add paragraphs (b)(3)(iii) included regulations to implement
points:
and (e) to read as follows: Amendment 27 to the PCGFMP, which
added deacon rockfish to the PCGFMP,
§ 622.50 Permits, permit moratorium, and TABLE 1 TO PARAGRAPH (C)(1)
reclassified big skate as an actively
endorsements.
Point North lat. West long. managed stock, added a new inseason
* * * * * management process for commercial
(b) * * * N 1 ..................... 25°52′54″ 81°37′56″ and recreational groundfish fisheries in
(3) * * * F ........................ 24°50′42″ 81°51′18″ waters off California, and made several
(ii) Except as provided for in G 2 ..................... 24°40′00″ 82°26′39″ clarifications to existing regulations.
paragraph (b)(3)(iii) of this section, a H 3 ..................... 24°34′44″ 82°35′27″ This action fixes errors in 2017–18
daltland on DSKBBV9HB2PROD with RULES
commercial vessel moratorium permit P 4 ..................... 24°35′00″ 82°08′00″ harvest specifications and management
for Gulf shrimp that is not renewed will 1 Coon Key Light. measures final rule by correcting the
be terminated and will not be reissued 2 New Ground Shoals Light. definition of ecosystem component
3 Rebecca Shoals Light.
during the moratorium. A permit is 4 Marquesas Keys.
species to remove big skates, making
considered to be not renewed when an three corrections related to the
application for renewal, as required, is * * * * * recreational groundfish retention
VerDate Sep<11>2014 17:05 Dec 20, 2017 Jkt 244001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\21DER1.SGM 21DER1](https://thefederalregister.org/doc/82_FR_60811/page/1.svg)
![60570 Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Rules and Regulations
Tier 2 21,386 lb (9,701 kg), and Tier 3 (North) and 3 (South) of this subpart. waters less than 100 fm (183 m) around
12,221 lb (5,543 kg). Federal commercial groundfish Cordell Banks as defined by specific
* * * * * regulations are not intended to latitude and longitude coordinates at
■ 5. In § 660.330, revise paragraph (a) to supersede any more restrictive state § 660.70, subpart C, except that
read as follows: commercial groundfish regulations recreational fishing for petrale sole,
relating to federally managed starry flounder, and ‘‘other flatfish’’ is
§ 660.330 Open access fishery— groundfish. permitted around Cordell Banks as
management measures. ■ 6. In § 660.360, revise paragraphs specified in paragraph (c)(3)(iv) of this
(a) General. Groundfish species taken (c)(3)(i)(B) and (C), (c)(3)(ii)(A)(2), and section. [Note: California state
in open access fisheries will be managed (c)(3)(iv) to read as follows: regulations also prohibit fishing for all
with cumulative trip limits (see trip greenlings of the genus Hexagrammos,
limits in Tables 3 (North) and 3 (South) § 660.360 Recreational fishery— California sheephead and ocean
of this subpart), size limits (see management measures.
whitefish.]
§ 660.60(h)(5)), seasons (see seasons in (c) * * *
Tables 3 (North) and 3 (South) of this (3) * * * * * * * *
subpart), gear restrictions (see paragraph (i) * * * (ii) * * *
(b) of this section), and closed areas (see (B) Cowcod conservation areas. The
(A) * * *
paragraph (d) of this section and latitude and longitude coordinates of
§§ 660.70 through 660.79). Unless the Cowcod Conservation Areas (CCAs) (2) Between 40°10′ N lat. and
otherwise specified, a vessel operating boundaries are specified at § 660.70. In 38°57.50′ N lat. (Mendocino
in the open access fishery is subject to, general, recreational fishing for all Management Area), recreational fishing
and must not exceed any trip limit, groundfish is prohibited within the for the RCG Complex is open from May
frequency limit, and/or size limit for the CCAs, except that fishing for petrale 1 through December 31 (i.e., it’s closed
open access fishery. Cowcod retention is sole, starry flounder, and ‘‘other from January 1 through April 30).
prohibited in all fisheries and flatfish’’ is permitted within the CCAs * * * * *
groundfish vessels operating south of as specified in paragraph (c)(3)(iv) of (iv) ‘‘Other flatfish,’’ petrale sole, and
Point Conception must adhere to CCA this section. However, recreational
starry flounder. Coastwide off
restrictions (see paragraph (d)(11) of this fishing for the following species is
California, recreational fishing for
section and § 660.70). Retention of permitted shoreward of the 20 fm (37 m)
‘‘other flatfish,’’ petrale sole, and starry
yelloweye rockfish is prohibited in all depth contour when the season for those
flounder, is permitted both shoreward of
open access fisheries. For information species is open south of 34°27′ N lat.:
and within the closed areas described in
on the open access daily/weekly trip Minor nearshore rockfish, cabezon, kelp
paragraph (c)(3)(i) of this section.
limit fishery for sablefish, see § 660.332 greenling, lingcod, California
‘‘Other flatfish’’ are defined at § 660.11,
of this subpart and the trip limits in scorpionfish, shelf rockfish, petrale sole,
subpart C, and include butter sole,
Tables 3 (North) and 3 (South) of this starry flounder, and ‘‘other flatfish’’
curlfin sole, flathead sole, Pacific
subpart. Open access vessels are subject (subject to gear requirements at
sanddab, rex sole, rock sole, and sand
to daily or weekly sablefish limits in paragraph (c)(3)(iv) of this section
during January–February). Retention of sole. Recreational fishing for ‘‘other
addition to cumulative limits for each
cumulative limit period. Only one yelloweye rockfish, bronzespotted flatfish,’’ petrale sole, and starry
sablefish landing per week may be made rockfish and cowcod is prohibited flounder, is permitted within the closed
in excess of the daily trip limit and, if within the CCA. [Note: California state areas. ‘‘Other flatfish,’’ except for Pacific
the vessel chooses to make a landing in regulations also permit recreational sanddab, petrale sole, and starry
excess of that daily trip limit, then that fishing for California sheephead, ocean flounder, are subject to the overall 20-
is the only sablefish landing permitted whitefish, and all greenlings of the fish bag limit for all species of finfish,
for that week. The trip limit for black genus Hexagrammos shoreward of the of which there may be no more than 10
rockfish caught with hook-and-line gear 20 fm (37 m) depth contour in the CCAs fish of any one species. There is no
also applies, see paragraph (e) of this when the season for the RCG complex season restriction or size limit for ‘‘other
section. Open access vessels that fish is open south of 34°27′ N lat.] It is flatfish,’’ petrale sole, and starry
with non-groundfish trawl gear or in the unlawful to take and retain, possess, or flounder however, it is prohibited to
salmon troll fishery north of 40°10′ N land groundfish within the CCAs, filet ‘‘other flatfish,’’ petrale sole, and
lat. are subject the cumulative limits except for species authorized in this starry flounder, at sea.
and closed areas (except the pink section. * * * * *
shrimp fishery which is not subject to (C) Cordell Banks. Recreational [FR Doc. 2017–27450 Filed 12–20–17; 8:45 am]
RCA restrictions) listed in Tables 3 fishing for groundfish is prohibited in BILLING CODE 3510–22–P
daltland on DSKBBV9HB2PROD with RULES
VerDate Sep<11>2014 17:05 Dec 20, 2017 Jkt 244001 PO 00000 Frm 00066 Fmt 4700 Sfmt 9990 E:\FR\FM\21DER1.SGM 21DER1](https://thefederalregister.org/doc/82_FR_60811/page/4.svg)
Document Created: 2018-10-25 11:00:02
Document Modified: 2018-10-25 11:00:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; correcting amendment. | |
| Dates | Effective December 21, 2017. | |
| Contact | Keeley Kent, 206-526-4655, fax: 206- 526-6736, or email: [email protected] | |
| FR Citation | 82 FR 60567 | |
| RIN Number | 0648-BG17 | |
| CFR Associated | Fisheries; Fishing and Reporting and Recordkeeping Requirements |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR